On The Legal Regulation Of Farmland 's Non - Agriculturalization

Food and land-base agriculture, arable land is not only an important means of production, but also is the basis for human survival and development. Cultivated directly to farmers by 40%-60% of income and 60%-80% of the necessities of life. If maintain a sufficient number of cultivated land resources, directly related to a country’s food security and social stability. Our country is a low level of per capita arable land of the country, the use not of high quality arable land, agricultural technology is not developed, In recent years, urbanization、industrialization、the rise of Rural Land Circulation, rural farmland protection is increasingly becoming the key to rural land issues. Existing farmland protection system 、 farmland Property System 、 land Acquisition System, There are many flaws in the system design, especially farmland protection system, In the current collective land transfer process, The existence of unlawful appropriation, indiscriminate use of arable land, basic farmland damaged phenomenon, The arable land non-agricultural is particularly problematic, these problems illustrate not only need for an orderly transfer of rural land regulatory guidance and reasonable, but need to have a transparent, fair, and reasonable legal system to regulate.Text of this article is divided into four parts,the first part defines the concept of Cultivated Land Conversion,combing the laws and regulations of each period, policies regarding specific provisions of Cultivated Land Conversion,and it introduced the Farmland Conversion of the status quo, manifestations and problems that exist. The second part include China’s current legal regulation Farmland Conversion deficiencies, It should be made legal regulation Farmland Conversion,and the legal regulation Farmland Conversion proposed theoretical support and Reflection, using the scarcity principle, theory of ownership, public power and private rights of game theory and the theory of pluralistic land values. The third part introduces the extraterritorial law regulating the practice of Cultivated Land Conversion, Cited relevant experience in the United States, Japan and Taiwan of China, Summed up their farmland protection legislation concepts, advanced between law enforcement measures and regulatory supervision, Summarize its commonness, And described the country can learn from the point.The forth part focuses on Farmland Conversion Legal System of containment, Respectively, from the legislative level, the level of law enforcement, judicial level, the level of awareness of the legal protection of farmland to create depth of Farmland Conversion feature of legal regulation legal system.The innovation is the conversion of cultivated land as a legal issue targeted specialized inquiry, In economics, law related to the principle of Cultivated Land Conversion of legal regulation to provide theoretical support, Summed up the land tenure system in different regions outside of commonality in legal regulation Farmland Conversion, Include our country can learn from.